(a) Every written agreement containing a waiver of a right to a trial by jury that is entered into between a nursing home and a person for the nursing care of a resident, must have as a separate and stand alone document any waiver of a right to a trial by jury.
(b) Nothing in this section may be construed to require a court of competent jurisdiction to determine that the entire agreement or any portion thereof is enforceable, unenforceable, conscionable, or unconscionable.
Structure West Virginia Code
§16-5C-3. Powers, Duties, and Rights of Secretary
§16-5C-4. Administrative and Inspection Staff
§16-5C-5. Rules; Minimum Standards for Nursing Homes
§16-5C-6. License Required; Application; Fees; Duration; Renewal
§16-5C-7. Cost Disclosure; Surety for Resident Funds
§16-5C-8. Investigation of Complaints
§16-5C-12. License Denial, Limitation, Suspension, or Revocation
§16-5C-12a. Independent Informal Dispute Resolution
§16-5C-14. Legal Counsel and Services of the Department
§16-5C-15. Unlawful Acts; Penalties; Injunctions; Private Right of Action
§16-5C-18. Separate Accounts for Residents" Personal Funds; Consent for Use; Records; Penalties
§16-5C-19. Federal Law; Legislative Rules
§16-5C-20. Hospice Palliative Care Required to Be Offered